Terms and Conditions

Please read the following terms, conditions, policies, and notices carefully and in their entirety. this License describes the terms under which Desert Owl INC. (“Desert Owl”) offers you access to an Account to play the Game. Your acceptance of the terms by clicking “I Accept” at the bottom of this License constitutes your acceptance of all such terms of the License. Desert Owl may, at any time, add, remove, or modify the terms of this License by posting a notice of such changes. Any such changes shall automatically become part of the License, and your continued use of the game constitutes your agreement to all such terms. Should you choose to decline, click the "I Decline" button, at which point you will be unable to set up an Account to play the Game.

1. PoxNora™ Online Game description.

PoxNora™ Online Game is an online game service (“Game Service”) that allows you to play the game when you (i) obtain an account from the PoxNora web site or a designated partner site. In the game, you will acquire a library of licensed digital objects (“Runes”) that depict Champions, Spells, Relics and Equipment and will obtain a limited License for the right to use such Runes. You will not acquire any ownership interest in the digital objects or in any of the graphical images involved with or related to the Runes.

2. Account Eligibility.

The Account is personal to you and may not be transferred, sold or used by anyone else. the game and Game Service are available only to individuals thirteen (13) years of age and older. By clicking the "I Accept" button, you represent that you are at least thirteen (13) years of age and are either accepting this License on behalf of yourself or on behalf of your child. You may not transfer, sell, or share your Account with anyone, unless you are a parent or guardian, in which case you may permit one child to use the Account instead of yourself. You are liable for all activities conducted through the Account.

2.1 Eligibility (United States).

In addition to the above requirements, you must be physically located in a U.S. State in which participation in the tournaments offered on this site is unrestricted by law. Rules governing sweepstakes, contests, and tournaments with entry fees and/or prizes are established by individual states. Based on these 50 sets of laws, the site cannot offer fee-based tournaments with prizes to resident of the states of Arizona, Arkansas, Connecticut, Delaware, Florida, Iowa, Louisiana, Maryland, Nevada, Tennessee, Texas, Vermont, and Washington. You must be physically located in a U.S. state in which participation in the tournaments offered on the site is unrestricted by law. By accepting this License, you certify that you are a resident of a State in which the playing of the Game does not violate State law. Desert Owl makes every reasonable effort to ensure all game play comports with local law. HOWEVER, Desert Owl HAS NO ABSOLUTE WAY OF VERIFYING COMPLIANCE WITH LOCAL LAW AND CANNOT AND WILL NOT BE LIABLE FOR ANY VIOLATION OF LOCAL LAW. BY ACCEPTING THIS LICENSE YOU INDEMNIFY Desert Owl AGAINST ANY LIABILITY FOR VIOLATION OF LOCAL LAW CAUSED BY YOUR ACTIONS.

2.2 Eligibility (non-U.S.).

You are subject to all laws of the state, province, and/or country in which you reside and from which you access the site, and you are solely responsible for obeying those laws. You agree the site cannot be held liable if laws applicable to you restrict or prohibit your participation. Desert Owl makes no representations or warranties, implicit or explicit, as to your legal right to participate in any tournament or other activity offered on the site, nor shall any person affiliated with or claiming affiliation with the site have authority to make any such representations or warranties.

Desert Owl makes every reasonable effort to ensure all game play comports with local law. HOWEVER, Desert Owl HAS NO ABSOLUTE WAY OF VERIFYING COMPLIANCE WITH LOCAL LAW AND CANNOT AND WILL NOT BE LIABLE FOR ANY VIOLATION OF LOCAL LAW. BY ACCEPTING THIS LICENSE YOU INDEMNIFY Desert Owl AGAINST ANY LIABILITY FOR VIOLATION OF LOCAL LAW CAUSED BY YOUR ACTIONS.

Desert Owl may require any participant receiving any prize to provide proof that he or she is eligible to participate according to sections 2.1 and 2.2, above.

It is the policy of Desert Owl, in compliance with the United States Internal Revenue Service regulations, to send a Form 1099 to any person who wins in excess of $600 (U.S. Dollars) in any given year. You remain solely responsible for paying all federal and other taxes in accordance with the laws that apply in your state, province, and/or country of residence.

The Children’s Online Privacy Protection Act (COPPA), administered by the Federal Trade Commission, imposes rules regarding the collection of personal information from children. The Game Service is not directed to children under the age of thirteen (13). As such, if you are under the age of thirteen (13) you may not create an Account and must not provide any personal information to Desert Owl. Members whose accounts have been previously terminated by Desert Owl may not access the Game Service in any manner or for any reason without the express written permission of Desert Owl. Active members may not allow former members to use the active members' Account or User Name.

3. Security and Passwords.

Upon registration of your Account, you must select a User Name and Password. You may not pick a User Name that violates anyone’s trademarks, publicity rights or other intellectual property or proprietary rights. Desert Owl reserves the right to reject a given User Name either at registration or at any later time. You are responsible for maintaining the confidentiality of your Password and for any harm resulting from your disclosure or from use by any person of your Password to gain access to your Account and User Name. You are responsible for all uses of your User Name and Password, whether or not authorized by you. Desert Owl will never ask you for your Password; as such you should never disclose your Password to anyone. There may be an additional charge to reissue lost passwords. You acknowledge that although we may offer a feature that allows you to "save" or "remember" your Password on your hard drive, this feature may fail or may make it possible for third parties to access your computer and thus your Account. Should you choose to utilize any Password memory feature, any such use will be at your own risk.

4. Privacy.

You accept and agree to the terms of Desert Owl’s privacy policy, which is hereby incorporated by reference. We cannot ensure that your private communications and other personally identifiable information will not be disclosed to third parties. For example, we may be forced to disclose information to the government or third parties under certain circumstances, or third parties may unlawfully intercept your transmissions or private communications. Additionally, we can (and you authorize us to) disclose any information about you to legally authorized law enforcement and other government entities as we, in our sole discretion, believe necessary or appropriate to investigate or resolve possible problems or violations of this License. Furthermore, if you request any technical support, you consent to our remote accessing and review of the computer on which you use the Game Service for purposes of support and debugging. You agree that we may communicate with you via email and any similar technology for any purpose relating to the Game Service and any other services or software which may in the future be provided by us or on our behalf. You understand that Desert Owl or its representatives may monitor all communications made by or received by you while using the Game Service that are related to the Game Service. You hereby consent to the extraction of hardware system profile data and any data related to operation of the Game Service from any computer that logs on to the Game Service using your Account.

5. Game and Forum Conduct and Use.

You agree to be personally responsible for your use of this Game Service and conduct yourself in a lawful and respectful manner. You agree to follow the game’s rules of conduct published by Desert Owl (“Rules of Conduct”), which are incorporated herein by reference. Desert Owl may change the rules of conduct at any time. You acknowledge, however, that Desert Owl does not pre-screen member content or communication over the Game Service. Certain areas of the Game Service provide access to online forums or chat rooms (“forums”). Discussion forums and e-mail submissions over the Internet may not be secure. Please consider this fact prior to e-mailing any personal or confidential information. Desert Owl does not endorse, and specifically disclaims any responsibility or liability for any content in the forums. In addition, Desert Owl, at its sole discretion, reserves the right to delete, move or edit content, in whole or in part, submitted to the forums if it deems the content to be abusive, defamatory, obscene, in violation of intellectual property, privacy or other proprietary rights, in violation of this License, or for any other reason. You agree to use the forums only to post, send and receive messages and material that are proper, related to the subject matter of the forums and that comply with applicable law. You agree to any additional terms and conditions posted at the forums.

Desert Owl has no obligation to monitor the forums. However, Desert Owl reserves the right to review materials posted to the forums and to remove any materials in its sole discretion. Desert Owl reserves the right to terminate your access to any forum at any time, without notice, for any reason whatsoever. Furthermore, Desert Owl reserves the right at all times to disclose any information as Desert Owl deems necessary to satisfy any applicable law, regulation, legal process or legal governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at Desert Owl’s sole discretion.

6. Intellectual Property Rights and Grant of License.

Subject to the terms of this License, Desert Owl hereby grants you a non-exclusive limited License to use the Game Service, and game products solely in connection with playing the game via your authorized Account. This License includes the right to trade online Runes through the Game Service and to purchase Runes, subject to the terms hereof. Except as provided by this License and the rules of conduct, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, or create derivative works from any information, software, products or services obtained from the game or the Game Services. The game and any game products are made available solely for use by end users according to the terms of this License. Any reproduction or distribution of the game or game products not in accordance with this License is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. You may not modify, reverse engineer, disassemble or decompile any software provided except to the extent that this restriction is expressly prohibited by applicable law. You may not use the intellectual property contained in the game service to create or provide any other means through which others may play the game, as through server emulators, etc. You may not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Should you do so, your Account may be terminated. Neither this License nor your Account entitles you to any game products that may be released from time to time. Desert Owl may release additional game products, which may be obtained for a separate fee.

Desert Owl and its suppliers retain ownership of all intellectual property rights relating to or residing in the Game Service, the game products, such as Runes, and the game. You grant to Desert Owl the unrestricted and irrevocable right (at no fee) to use, copy, modify, publish, perform, transmit, and display any content you submit via any media, and waive any moral rights you may have in such content.

Copyright and Trademark Notices:

All contents of the PoxNora web site, the Game Service, the game products, and the game are: copyright (c) 2005 by Desert Owl, INC. of Tucson, Arizona U.S.A., all rights reserved.

Desert Owl, PoxNora, the Desert Owl and PoxNora logos, game names and symbols, the character names and their distinctive likenesses and the trade dress or “look and feel” are trademarks owned by Desert Owl. The names of any actual companies and products mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved to Desert Owl.

7. Disclaimer of Warranty.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Desert Owl HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE GAME SERVICE, THE GAME PRODUCTS, THE GAME, THE ACCOUNT, AND ALL OTHER SERVICES INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Desert Owl MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE GAME SERVICE, THE GAME PRODUCTS, THE GAME, THE ACCOUNT, AND ALL OTHER SERVICES FOR ANY PURPOSE. THE GAME SERVICE, THE GAME PRODUCTS, GAME, THE ACCOUNT, AND ALL OTHER SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. SOME STATES TO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES; AS SUCH THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU IN ITS ENTIRETY.

8. Limitation of Liability/Indemnification.

IN NO EVENT SHALL Desert Owl BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER IN AN ACTION FOR CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE GAME SERVICE, THE GAME PRODUCTS, THE GAME, THE ACCOUNT, AND ALL OTHER SERVICES, PROVISION OF OR FAILURE TO PROVIDE RELATED SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES. Desert Owl’ LIABILITY TO YOU OR ANY THIRD PARTIES IS LIMITED TO $15. SOME STATES DO NOT ALLOW THE FOREGOING LIMITATIONS OF LIABILITY; AS SUCH THEY MAY NOT APPLY TO YOU IN THEIR ENTIRETY.

YOU AGREE TO INDEMNIFY AND HOLD Desert Owl, ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES, OFFICERS AND EMPLOYEES HARMLESS FROM ANY CLAIM, DEMAND, OR DAMAGES, INCLUDING REASONABLE ATTORNEY’S FEES, ASSERTED BY ANY THIRD PARTY ARISING IN CONNECTION WITH YOUR USE OF YOUR ACCOUNT, THE GAME, THE GAME SERVICE, OR ANY OF THE FORUMS.

9. Technical Difficulties/Game Termination.

Desert Owl does not and cannot ensure continuous, error-free, secure, or virus-free operation of the Game Service, the game, or your Account. Desert Owl shall not be liable for any delay or failure to perform resulting from technical difficulties. Further, Desert Owl cannot and does not promise or ensure that you will be able to access your Account whenever you want, and there may be extended periods of time when you cannot access your Account. Desert Owl may modify or cancel any element of the Game Service or game in its sole discretion, including the entire game and Game Service.

10. No Unlawful or Prohibited Use.

As a condition of your use of the game and Game Service, you agree you will not use the game or Game Service for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the game or Game Service in any manner that could damage, disable, overburden, or impair any Desert Owl web site or service (or the network(s) connected to any Desert Owl web site or service) or interfere with any other party's use and enjoyment of any Desert Owl web site or service. You may not attempt to gain unauthorized access to any Desert Owl web site or service, other registrations, Accounts, computer systems, or networks connected to any Desert Owl web site or service, through hacking, password mining, or any other means. You may not cheat or steal or obtain or attempt to obtain any materials or information through any means not intentionally made available through any Desert Owl web site or service.

12. Termination.

This License is effective unless and until terminated by either you or Desert Owl. You may terminate this license at any time by providing Desert Owl with written notification. Desert Owl may terminate this license and deny you access to the game, the Game Service, and your Account at any time if you (i) breach this License, or (ii) infringe any third party intellectual property rights, or (iii) if we are unable to verify or authenticate any information you provide to us, or (iv) upon gameplay, chat or any player activity whatsoever which is, in our sole discretion, considered inappropriate and/or in violation of the spirit of the game or Game Service as set forth in the code of conduct, or (v) for violation Desert Owl privacy policy. Upon termination of the license by either you or Desert Owl, you shall immediately discontinue use of the game, the game service, and your Account. Any fees associated with your use of the game, game products and the Game Service are not refundable in whole or in part. Your obligation to pay any accrued charges and fees shall survive any termination of this License. If your account is terminated, you will immediately forfeit the right to use all your online objects (Runes).

13. No Assignment.

This license is personal to you, and may not be assigned.

16. U.S. government restricted rights and export restrictions.

The Game Service, game products and the game are provided with restricted rights. Use, duplication or disclosure are subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer Software--Restricted Rights at FAR 52.227-19 when applicable, or in subparagraph (c)(1)(ii) of the Rights In Technical Data And Computer Software clause at DFARS 252.227-7013, and in similar clauses in the NASA FAR supplement, as applicable. Manufacturer is Desert Owl INC. of Tucson, Arizona. You are responsible for complying with all trade regulations and laws both foreign and domestic. You acknowledge that none of Game Service, and the game or underlying information or technology may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, Sudan, North Korea, Iran, Syria or any other country subject to a U.S. embargo; or (ii) to anyone on the U.S. Treasury Department's list of specially designated nationals or the U.S. Department of Commerce denied parties list or entity list. By using the Game Service, or the game you are agreeing to the foregoing and are representing and warranting that (i) no U.S. Federal agency has suspended, revoked, or denied you export privileges, (ii) you are not located in or under the control of a national or resident of any such country or on any such list, and (iii) you will not export or re-export the Game Service, and the game to any prohibited county, or to any prohibited person, entity, or end-user as specified by U.S. export controls.

17. General.

This license is governed by the laws of the State of Arizona, U.S.A.. You hereby irrevocably consent to the exclusive jurisdiction and venue of the courts of the State of Arizona for all disputes arising out of or relating to this License. Use of the game or Game Service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions of this License. If any part of this License is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty, disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the License shall continue in effect. A printed version of this License and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this License to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.